Section 7106. Special provisions

1. The testimony and reports of a licensed
  optometrist  shall  be  received  by  any official, board, commission or
  other  agency  of  the  state  or  of  any  of   its   subdivisions   or
  municipalities  as qualified evidence with respect to any matter defined
  in section seventy-one hundred one of this  article;  and  no  official,
  board,  commission,  or  other  agency  of  the  state  or  any  of  its
  subdivisions   or   municipalities   shall   discriminate   among    the
  practitioners of optometry and any other ocular practitioners.
    2. Eyeglasses or lenses for the correction of vision or non-corrective
  contact lenses may be sold by any person, firm or corporation at retail,
  only on prescription of a licensed physician or licensed optometrist and
  only  if a licensed physician, optometrist or ophthalmic dispenser is in
  charge of and in personal attendance at the place of sale. This  article
  shall  not  apply  to  binoculars,  telescopes, or other lenses used for
  simple  magnification;  except,  that  a  seller   of   non-prescription
  ready-to-wear  magnifying spectacles or glasses shall have the following
  language attached to each pair of glasses  or  spectacles  displayed  or
  offered for sale and in at least ten point bold type permanently affixed
  in plain view to the top of any point of sale display or, if there is no
  display, in the area of sale: "ATTENTION; READY-TO-WEAR NON-PRESCRIPTION
  GLASSES  ARE  NOT  INTENDED  TO  REPLACE PRESCRIBED CORRECTIVE LENSES OR
  EXAMINATIONS BY AN EYE CARE PROFESSIONAL. CONTINUOUS EYE  CHECK-UPS  ARE
  NECESSARY TO DETERMINE YOUR EYE HEALTH STATUS AND VISION NEEDS." As used
  in   this   subdivision  "non-prescription,  ready  to  wear  magnifying
  spectacles or glasses" means spherical convex lenses,  uniform  in  each
  meridian,   which  are  encased  in  eyeglass  frames  and  intended  to
  ameliorate the symptoms of presbyopia. The lenses in such glasses  shall
  be  of  uniform  focus  power  in  each  eye  and  shall not exceed 2.75
  diopters.
    3. It shall be a class A misdemeanor to practice any fraud, deceit  or
  misrepresentation in any advertising related to optometric services.